Katherine Magbanua — Direct/Cross/Redirect
1,509 linesJUDGE WHEELER: All right. So, Ms. Kawass, I know that you've been having discussions with Ms. Magbanua, and so has a decision been reached as to whether or not Ms. Magbanua will be testifying?
JUDGE WHEELER: And I'm going to inquire of her after, but you can tell me right now, Ms. Kawass.
MS. KAWASS: She will be testifying.
JUDGE WHEELER: She will be testifying? Okay. All right. So I'm going to ask her a few questions.
JUDGE WHEELER: And so, Mr. DeCoste, would you mind putting the microphone — bringing that up to Ms. Magbanua?
JUDGE WHEELER: All right, Ms. Magbanua, I'm going to ask you some questions, okay?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: Do you understand that you have the right to testify, but you also have the right not to testify? Do you understand that?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: And you can discuss this with anyone. You can discuss it with friends or family members or your attorneys, but ultimately it is your decision as to whether or not you want to testify. Do you understand that?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: Now, you have an absolute right not to testify. You've heard me already instruct the jury that you have that right, and if you choose not to testify then in the closing instructions I will again instruct the jury that you have the absolute right not to testify and that they cannot hold that against you or consider that in their deliberations. Do you understand that?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: All right. Now, you do also have the right to testify, and if you choose to testify then I will instruct them that they will consider your testimony just as any other witness. Do you understand?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: So have you made a decision as to whether or not you want to testify?
KATHERINE MAGBANUA: Yes, I'll be testifying today.
JUDGE WHEELER: All right, so you have made the decision. Is anybody forcing you to testify?
KATHERINE MAGBANUA: No, Your Honor.
JUDGE WHEELER: Is this by your own free will?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: All right. And so at the appropriate time, are you certain of this decision?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: Okay, so at the appropriate time, when we return, your counsel will call you as a witness, and you'll come to the witness stand and be subject to examination and cross-examination by the State, okay?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: All right, thank you.
JUDGE WHEELER: Okay, so that's how we'll proceed this afternoon, and I anticipate it will take a good bit of the afternoon, but I expect that it will conclude today. Okay, so we'll be mindful — we were going to be mindful of the time today in regards to the jurors because of obligations. So Ms. Magbanua will testify this afternoon and we'll complete that by five o'clock. Now, so what we will do then for scheduling purposes is that tomorrow morning we will go — if there's not — I'll ask for any rebuttal witnesses after Ms. Magbanua testifies. Do you anticipate any at this point?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: Okay. So, um, then, so defense will rest, I will ask for any rebuttal witnesses. Uh, and if there are none, then I will excuse the jury for the day. Uh, if we need to go over jury instructions — but I expect everybody has taken a look at them. Okay. I don't think that there's anything earth-shattering there. I think we can get through those pretty quickly.
JUDGE WHEELER: And, uh, and then so then tomorrow morning I will read jury instructions and then we'll get right to closing arguments, and then those will be completed by lunchtime. I'll have lunch ready and available for the jury and they'll begin their deliberations at that time. That is the schedule moving forward. Everybody have a good understanding of that?
JUDGE WHEELER: Okay. All right. Okay. That's how we'll proceed. So you have some time here until one o'clock, but let's be prompt in the courtroom at one o'clock to continue with the testimony. Okay.
JUDGE WHEELER: All right. In regards to these exhibits, were there any objections to those?
JUDGE WHEELER: All right. And you were saying that they're not for the truth of the matter asserted?
MR. DECOSTE: Correct, Your Honor. If Your Honor wants to take it for lunch, I can articulate when we come back as to why these are being Whatever works in court.
JUDGE WHEELER: I'd rather do it. Let me take a look at them.
MR. DECOSTE: I apologize, Your Honor. The first two are quite small. What you have in the first message is Wendi Adelson and Charles Adelson talking about where they're having dinner. And in the second one, you have a text message from Katherine Magbanua to Charles Adelson about the fact that Sigfredo Garcia is upset. We're not trying to prove that. That there was a dinner on March 11th.
MR. DECOSTE: We're not trying to prove that Sigfredo Garcia was upset. What we're trying to prove is that he was aware of the relationship, that he's upset about the relationship, but more importantly that he knows where they are and that he has the potential of access to Charles Adelson.
MR. DECOSTE: The next set of ones is something that the government already has in. Did Tuto have it? I think that I have this order right. All right. "Did Tuto call your phone?" Now, the government entered in, if I'm not mistaken, an exhibit - that is ours. There's actually one slide that's not in there.
MR. DECOSTE: But that one — we're not trying to prove that Tuto called the phone. We're not trying to prove that it was deep sea fishing. There was a lot of testimony about this, about the fact that it was a joke or not. What we're trying to show is that there is the potential access between Sigfredo Garcia and Charles Adelson.
MR. DECOSTE: I don't know what the next one is. If you want to give me the reference Uh, yeah, so that's the goodbye tour. We're not trying to prove that there was a trip to Key West. We're not trying to prove that it was actually the goodbye tour. What we are trying to establish is the fact that Charles Adelson, around the time when these trips are happening, has made the decision that he is no longer going to be dating Katherine Magbanua.
MR. DECOSTE: And then I think the next one is in August where Katherine is upset. Now, we're not trying to prove that Katherine was upset, but instead that Charles Adelson was pushing her out of his life.
MR. DECOSTE: There may be another one in between the two.
JUDGE WHEELER: There's other ones between the defendant and Mr. Adelson. Again, in regards to Mr. Garcia. Then there's the ones in regards to "Are you going to the beach or the pool?"
MR. DECOSTE: We had a lot, and so that's the morning of the alleged money drop, 7-19-2014. We're not trying to prove that she actually went to the pool with the kids. What we're trying to show and illustrate from those messages — and there has been testimony about it; I think Sergeant Corbitt was asked by the government specifically about it — what we're trying to show is that there aren't any communications about a murder, because the government has this theory that the cell phones were used to communicate about the murder.
JUDGE WHEELER: All right, I'll allow them to be admitted. This will be — what, this is going to be a composite exhibit?
MR. DECOSTE: I would have them as seven separate exhibits.
JUDGE WHEELER: Let's get them marked and numbered, please. There are seven different exhibits?
MR. DECOSTE: Yes.
JUDGE WHEELER: Okay, so it would be 32 through 39.
JUDGE WHEELER: All right. So they're not for the truth of the matter asserted. Although they are hearsay, I'll allow them to be admitted.
JUDGE WHEELER: And so Defense Exhibit 32 through 39 will be admitted.
MR. DECOSTE: And that's all, Your Honor. We're going to confirm over lunch in a few minutes just to make sure all of our stuff is in, but I believe that it is.
JUDGE WHEELER: All right. Okay. So this afternoon we have the testimony, and then if we need to have any discussions about jury instructions after that, we're going to do that after that because the jury is going to be excused, and then we'll make sure everything's ready to go for tomorrow morning. Okay? We'll be in recess until one o'clock.
MR. DECOSTE: I'm sorry to hold up, Your Honor. Will we be able to get any sort of extra access to Ms. Magbanua during —
JUDGE WHEELER: All right. Anything from counsel before we bring the jury in? I'll go to the state first. Ms. Cappleman?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: Anything from the defense?
JUDGE WHEELER: Okay. All right. Let's bring the jury in, please.
JUDGE WHEELER: Please be seated.
JUDGE WHEELER: And we're ready to continue with the testimony. The defense may call its next witness.
MS. KAWASS: Your Honor, at this time, the defense calls Katherine Magbanua.
JUDGE WHEELER: All right. Ms. Magbanua, would you please come up and take the stand?
JUDGE WHEELER: Before you have a seat, we're going to swear you in.
JUDGE WHEELER: Please raise your right hand and respond to the clerk.
COURT CLERK: Do you solemnly swear or affirm that the testimony you shall give shall be the truth, the whole truth, and nothing but the truth?
KATHERINE MAGBANUA: I do.
JUDGE WHEELER: You can have a seat. You'll scoot up close to that microphone and pull up the microphone, okay?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: You may proceed.
MS. KAWASS: Yes, Your Honor.
MS. KAWASS: Good afternoon, Ms. Magbanua.
KATHERINE MAGBANUA: Good afternoon.
MS. KAWASS: Can you please introduce yourself to the jury and spell your name for the court reporter?
KATHERINE MAGBANUA: My name is Katherine Magbanua. K-A-T-H-E-R-I-N-E, M-A-G-B-A-N-U-A.
MS. KAWASS: Okay, so before we get started, I just want to ask you how you're feeling.
KATHERINE MAGBANUA: Freaking out.
MS. KAWASS: Are you a little nervous?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All eyes on you?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: A lot of eyes you've never seen before?
KATHERINE MAGBANUA: A lot of eyes I haven't seen.
MS. KAWASS: Okay, all right, so if I ask you a question and it's confusing, stop me.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, and I want to make sure that everything that we get out is clear for the jury, all right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, now we're going to be talking about a lot of stuff.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: We're going to go back in time almost 10 years.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, because you know that this has a lot to do with your relationship with Sigfredo Garcia, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And also your relationship with Charles Adelson.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, so now you understand the oath that you took just now?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, and what was that oath?
KATHERINE MAGBANUA: To tell the truth.
MS. KAWASS: Okay. You understand what the punishment for lying on the oath is, correct? Perjury?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Yeah. Okay, now you also understand, because we've talked about it numerous times, you do not have to testify today.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You have a constitutional right not to testify.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And are you doing this voluntarily and freely?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did anyone force you to testify?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay.
MS. KAWASS: So let's start at the very beginning.
KATHERINE MAGBANUA: All right.
MS. KAWASS: Okay. When is the first time you ever laid eyes on Charles Adelson?
KATHERINE MAGBANUA: Um, I was working down in South Beach at a dental office, and, um, he's one of our specialists, a periodontist. So he came into our office.
MS. KAWASS: Now, which office was this that you were working at?
KATHERINE MAGBANUA: It's at Sophie Dental. It's, it's South of Fifth, I think.
MS. KAWASS: That's what Sophie stands for, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And is it on South Beach?
KATHERINE MAGBANUA: It's on South Beach, yes.
MS. KAWASS: Right. And where were you living at the time?
KATHERINE MAGBANUA: At that time, I, I believe I was living in Treasure Island. That's in North Bay Village.
MS. KAWASS: Now, what did you do? What was your duties working at Sophie Dental?
KATHERINE MAGBANUA: Um, I worked front desk, so I did a lot of, like, clerical work, um, answer the phone, set up appointments, um, insurance verification.
MS. KAWASS: Okay. And was Charles someone — he didn't actually work there, like you said, he would just come in and perform his specialty?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What was his specialty?
KATHERINE MAGBANUA: He was a periodontist, so he travels up and down from, I guess, Miami to Broward County, probably West Palm. It could possibly go all the way up to West Palm.
MS. KAWASS: Yes, ma'am. And do you remember when exactly you met? In 2013, and I know it's a long time ago, but if you, if you can try to narrow it down as much as you can.
KATHERINE MAGBANUA: Um, probably towards the end of the year.
MS. KAWASS: Okay, towards the end.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And I'm not pigeonholing you into a specific. If you don't remember, you let the jury know.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Now, at the time that you met him, had you broken up with Sigfredo Garcia?
KATHERINE MAGBANUA: Uh, yes, we were separated already.
MS. KAWASS: Now, I want you to, to explain to the jury about Sigfredo Garcia, okay? When did you first meet him?
KATHERINE MAGBANUA: I met him probably right after I graduated high school.
KATHERINE MAGBANUA: He's just, like, through mutual friends, and, I mean, he was trying to get with me, so.
MS. KAWASS: Were you a teenager at the time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right, did he go to the same high school that you went to?
KATHERINE MAGBANUA: No, he didn't.
KATHERINE MAGBANUA: I went to Beach High, Miami Beach Senior High, and he's older than me, so he's like two years older than me, so we were in high school together.
MS. KAWASS: All right, so it's because you had mutual friends how your, your worlds collided?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And like you said, how old were you, about 18, 19?
KATHERINE MAGBANUA: Yeah, 18.
MS. KAWASS: Now, did you guys start dating?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, at some point did you end up going away for college?
KATHERINE MAGBANUA: Yes, I got accepted to a couple colleges, actually, and then I picked University of Central Florida so I'll have a chance to be out of the house.
MS. KAWASS: Where were you living when you were graduating from high school? Who were you living with?
KATHERINE MAGBANUA: When I graduated from high school?
MS. KAWASS: When you first met Sigfredo?
KATHERINE MAGBANUA: I moved up to Orlando where UCF was, and I was living in an apartment.
MS. KAWASS: And before you moved to UCF, when you guys were just dating, were you still living with your family?
KATHERINE MAGBANUA: Yes, with my parents.
MS. KAWASS: Okay, so mom, with your brother and stuff, and everybody in the house?
KATHERINE MAGBANUA: Um, I believe I was the last one. I have two older brothers, so they, yeah, I think they're already gone to college, so, or finished college.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: Just with my mom and my dad.
MS. KAWASS: Okay, and your mom, what does she do for a living, or what did she do for a living?
KATHERINE MAGBANUA: She's a nurse, she was a nurse.
MS. KAWASS: And she worked her entire career as a nurse, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, going to UFC?
KATHERINE MAGBANUA: UCF.
MS. KAWASS: Thank you. UFC is something completely different.
MS. KAWASS: Okay, UCF. What did you study at UCF?
KATHERINE MAGBANUA: I got my bachelor's in health services administration.
MS. KAWASS: And what did Sigfredo do when you moved to Orlando?
KATHERINE MAGBANUA: I believe he was in construction at that time.
MS. KAWASS: Did he move to Orlando with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Okay. How were things when you guys were living in Orlando?
KATHERINE MAGBANUA: It was great.
MS. KAWASS: Okay. And why do you say it was great?
KATHERINE MAGBANUA: I mean, it's the first time we lived together, and it was my first time being out of the house, so it was just, it was good.
MS. KAWASS: Was he giving you any problems at that time in terms of infidelity or drug use?
KATHERINE MAGBANUA: No. We didn't know anybody in Orlando.
MS. KAWASS: Okay. Yeah. So was he a stay-at-home, working?
KATHERINE MAGBANUA: Oh, he was working like almost two to three jobs because I ended up getting pregnant.
KATHERINE MAGBANUA: So he was, yeah, he was working three jobs at that time.
MS. KAWASS: So while you were in college, you got pregnant with your first child?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your son?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did you have your son in Orlando?
KATHERINE MAGBANUA: Yes, I did.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: In Winter Park Hospital.
MS. KAWASS: Okay. And were you able to complete your bachelor's degree?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. What did you do after you completed your bachelor's degree?
KATHERINE MAGBANUA: I stayed in Orlando for a little bit, but then eventually I ended up moving down south because I wanted to work in a hospital.
KATHERINE MAGBANUA: I needed a babysitter.
MS. KAWASS: When you say down south, you mean...?
KATHERINE MAGBANUA: To Miami.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And when you say you needed a babysitter, who would have been the prime person to be a babysitter?
KATHERINE MAGBANUA: Sigfredo's mom or my mom.
MS. KAWASS: So takes a village, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: When did you get pregnant with Kaylee, your daughter?
KATHERINE MAGBANUA: I got pregnant with her around 2012.
MS. KAWASS: Yeah, when was — when is her birthday? May 30th? Is that — did you have her May 30th of 2012?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, so we're going to use that as another big, you know, point for you to, okay, go back in time because you can remember things — our own important dates.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Did you ever get married to Sigfredo?
KATHERINE MAGBANUA: No, I didn't.
MS. KAWASS: But you do refer to him as your husband, right?
KATHERINE MAGBANUA: Yes, ma'am, I've been with him for so long.
MS. KAWASS: Yeah. Would he refer to you as his wife?
KATHERINE MAGBANUA: Yeah, I believe so.
MS. KAWASS: And even though you're not legally married, in your mind, do you consider yourselves married?
KATHERINE MAGBANUA: Yes, at that time, yeah.
MS. KAWASS: Now you come back to Miami — do you remember how old you were at that time?
KATHERINE MAGBANUA: I was probably 19, probably — no, I don't really even remember. I must have been like 19, 20. No, I graduated, I had my son — I was probably 22, 23.
MS. KAWASS: How old were you when you had your daughter?
KATHERINE MAGBANUA: I believe like 26, 27.
MS. KAWASS: Okay, so we'll just — you were in your 20s at this time?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And when you come back from Orlando, you're still in a relationship with Sigfredo, right? Did things start to change when you returned to Miami?
KATHERINE MAGBANUA: Oh, we were around, like, you know, our friends, and we, you know, we had a little bit more of a chance to kind of hang out, so not right when we moved. It was still — we still had a good relationship.
MS. KAWASS: Now, how was Sigfredo with your family? Was he close with your mom?
KATHERINE MAGBANUA: Yes, he was close.
MS. KAWASS: Close to your brothers?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, so your family was aware of Sigfredo and that he was a part of your life?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now, at this time, is Sigfredo able to come back to Miami and get a job?
KATHERINE MAGBANUA: I — yeah, I believe so. I think he got a job, um, in construction again.
MS. KAWASS: Did Sigfredo graduate from high school?
KATHERINE MAGBANUA: He got his GED.
MS. KAWASS: Okay, so when was it, if you can remember, that things started to take a turn for the worst in your relationship with Sigfredo?
KATHERINE MAGBANUA: It had to be like a little — I started kind of fighting, like, when I was pregnant with my daughter, and then probably after I gave birth to her, that whole year we try to, you know, work things out, but kind of started fiddling down.
MS. KAWASS: Now, what were you guys arguing about?
KATHERINE MAGBANUA: He just disappeared, and would — I don't know, he would be drinking, and not — half the time didn't know what he was doing, um.
MS. KAWASS: Did you suspect that he was using drugs at that time?
KATHERINE MAGBANUA: I believe so, yeah.
MS. KAWASS: Probably do drugs in front of you?
KATHERINE MAGBANUA: Um, probably smoke weed, but nothing — or, you know, like alcohol, but that's about it.
MS. KAWASS: Okay. And did you suspect him of, uh, cheating on you? At what time frame? Okay, so now we're talking about, like you said, you got pregnant with your daughter?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, and it's a year later when you guys actually break up, around her first birthday?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, so you'd say that that whole year between her birth and her first birthday is when things were kind of rocky?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How would — I mean, how bad were your fights? Did they ever get violent, or—
KATHERINE MAGBANUA: No, I didn't get violent like that. Like, we would just argue back and forth. Half the time was — is probably me, like, screaming at him, and then he just doesn't, you know, he just doesn't respond, or, like, he'll leave.
MS. KAWASS: Okay. And now, just to remind, you're in your mid-20s, and so is Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So you guys are kind of young?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And were you aware that he was involved in criminal activity?
KATHERINE MAGBANUA: I mean, I, I don't — I don't know if he was, or, like, I mean, now it's like I'm seeing a lot more of, you know, what's been going on, but at that time, no, I mean, he was — he was just hanging out.
MS. KAWASS: And you do remember a time when Sigfredo picked up charges in South Florida, right? In Florida he was arrested — you know, you're aware that he's a convicted felon?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Yes. Okay, yeah. And so do you know what it was he was convicted of?
KATHERINE MAGBANUA: Um, I know he used to get in trouble when he was younger.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: But, but probably sale of cocaine and weed, or...
MS. KAWASS: Did any of that... Was any of that going on, like him getting arrested and going through the criminal system, if you remember?
MS. KAWASS: You know, around the time of 2012, 2013?
KATHERINE MAGBANUA: No, I don't think so.
MS. KAWASS: All right. And were you aware that he was selling drugs?
KATHERINE MAGBANUA: When he was younger, yeah.
MS. KAWASS: So you knew he was selling drugs when he was younger?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Were you aware of him selling drugs while you two were together, in a, in your good times?
MS. KAWASS: And did you suspect that that is maybe what he was doing after you broke up, or you didn't know?
KATHERINE MAGBANUA: I didn't know.
MS. KAWASS: All right. Now, what is — is there one specific thing that caused the breakup in—
MS. KAWASS: —2013, a specific thing?
KATHERINE MAGBANUA: Not that I, I can recollect right now.
MS. KAWASS: Like, you know, sometimes people will say, oh, I caught him cheating on me.
KATHERINE MAGBANUA: Oh, yeah, yeah, yeah, he did.
KATHERINE MAGBANUA: One time I was going through his phone, and I saw that he was, like, talking to another girl, or there was, like, text messages from another girl.
MS. KAWASS: Okay, and that could have been the catalyst, just for the argument that caused the split.
KATHERINE MAGBANUA: Yeah, yeah.
MS. KAWASS: But are you sure, or you think that's what it is?
KATHERINE MAGBANUA: I believe that that was, like, that's one of the times.
MS. KAWASS: Now, because of this massive fight that you had, when he was living with you at the time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And was he helping you take care of the kids at the time?
KATHERINE MAGBANUA: Yeah, he was living with me, so.
MS. KAWASS: So is it you, him, and the kids, and that was it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Right. And so you kicked him out of the apartment?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you know where he went?
MS. KAWASS: And how serious was this separation between the two of you around this time? This is like when Kaylee was—
KATHERINE MAGBANUA: I, probably one. Right, now we're at 2013.
KATHERINE MAGBANUA: Okay, yeah. She's, she's around. She's one... one. Um, I'm sorry, what was your question?
MS. KAWASS: How serious was this separation between the two?
KATHERINE MAGBANUA: Oh, I've had it at that time. Yeah, it was a lot of things led up to that big fight that we had.
MS. KAWASS: Okay. And on times that you would fight before, you'd fight, but it never got to the point where you'd kick him out of the house?
KATHERINE MAGBANUA: Yeah, no, I would kick him — like, I probably, I'd kicked him out once before that time, but nothing really. Like, we would just argue and he'd come back.
MS. KAWASS: Yeah, like he'd come back later at nighttime and he'd be home. So would this be the first major breakup?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you were done?
KATHERINE MAGBANUA: I was done.
MS. KAWASS: Did he try to get back together with you?
KATHERINE MAGBANUA: Yeah, I mean, he always — he always tried to get back with me.
MS. KAWASS: Now, so you start working at Sophie Dental. Do you remember how you got the job at Sophie Dental?
KATHERINE MAGBANUA: Um, one of my high school friends was working there, and she told me there was an opening, and she told me the hours would actually be really good for you. I already had my daughter, so I was looking for a job, and I just — I did an application and started working.
MS. KAWASS: Did you have any other jobs at the time you were working at Sophie Dental?
KATHERINE MAGBANUA: I believe I was working promotions as well.
MS. KAWASS: You saw earlier during your trial a picture with you and some other ladies standing up behind, like, a table with, like, a case of their examples. Was that a good example of what the liquor promotions were?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that what you were doing in that picture?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Can you explain to the jury what that entails and how it is that you became involved in that?
KATHERINE MAGBANUA: Okay, so we worked with different, um, liquors — like, let's say Absolut, um...
KATHERINE MAGBANUA: Absolut. It's been so long. And certain types of vodkas, and we would set up — have, um — we would buy from the — with the money that the company would give us, we would get it from the owner of, like, the store or buy from the store, and then we would give samples out to people that are coming in.
MS. KAWASS: Okay. And then how would you get paid at that time?
KATHERINE MAGBANUA: I think I was getting paid three checks.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Are you certain or you're not certain?
KATHERINE MAGBANUA: I'm not certain, no.
MS. KAWASS: And were you broken up with him at this time, with Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, when you first meet Charlie, did you know right away that you wanted something more than a friendship?
KATHERINE MAGBANUA: Oh, yes.
MS. KAWASS: Okay. Explain to the jury how it is that he got your number.
KATHERINE MAGBANUA: Well, he was one of the specialists in the dental office that I was working at. So he came in, and I think he was telling some of the girls, like, asking about me, and he got my phone and tried to put his phone number on my phone. I already had it, because we have to text the doctors to tell them about their appointments sometimes.
MS. KAWASS: Okay. And would you say — I mean, what did you... did he ask you out right away, or how did that evolve?
KATHERINE MAGBANUA: I think through time. Like, he kept, you know — Kaylee was little at that time, so I could never really hang out or go out. So he just kept, he kept on. And then one day, like, we went out to go and get something to eat or something.
MS. KAWASS: Okay. So it's fair to say he was persistent?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now I'm gonna try to help you with your memory. So I'm gonna go back to — now we're moving forward — do you remember if you guys were dating at New Year's Eve in 2013?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Did you guys go out for New Year's?
KATHERINE MAGBANUA: Yeah, we went to this place called Hard Rock Hotel and Casino, and we spent New Year's over there.
MS. KAWASS: Okay. That establishment is in Fort Lauderdale?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And it's a big casino with lots of shops and clubs and all that stuff, right? Um, and did your relationship ever get too serious — boyfriend and girlfriend?
MS. KAWASS: All right, but how about the communications between the two of you, between you and Charlie? Now explain to the jury — because I know sometimes women complain that men do not communicate with them a lot — did Charlie Adelson have this problem?
KATHERINE MAGBANUA: No, he was always texting.
MS. KAWASS: Okay. Is he someone too that talks a lot on the phone?
KATHERINE MAGBANUA: All the time.
MS. KAWASS: And even with his job where he's working all day, he will call and text and everything in between throughout the day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, when was the first time you ever met Charlie's sister Wendi?
KATHERINE MAGBANUA: I believe the first time was when they were talking about Yardbird, when we were eating.
MS. KAWASS: Okay, so you remember that day — when was the first time you've ever met Wendi?
KATHERINE MAGBANUA: I believe so, yeah.
MS. KAWASS: Before then — because that's in March of 2014 — okay, before then, do you remember Charlie ever talking about Wendi to you?
KATHERINE MAGBANUA: Um, not that I can remember.
MS. KAWASS: Okay. He probably said he had a sister, but, you know, like — he had a sister and a brother — but I just didn't know. When he told me he had a sister, okay, he never spoke to you, or you never had any knowledge of, for example, you know, Wendi's divorce?
MS. KAWASS: Okay. All you knew is he had a sister and a brother?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Now, that night that you went to Yardbird, all right — what is Yardbird?
KATHERINE MAGBANUA: Uh, it's a restaurant that, like, you can eat out in the patio. It has an indoor-outdoor, and it's on South Beach.
MS. KAWASS: Yes, ma'am. Was it daytime or nighttime?
KATHERINE MAGBANUA: It was after work, so it was, like, probably like early dinner.
MS. KAWASS: Okay. And would the records reflect — probably be an accurate reflection of what time it was, well, the working iCloud records or something?
KATHERINE MAGBANUA: Oh, yeah.
MS. KAWASS: There we can rely on the records to determine the time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, did you leave work and meet them there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Do you remember what car you were driving at the time?
KATHERINE MAGBANUA: Oh, my Mazda.
MS. KAWASS: Is that the white one?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Right. And what car was Charlie driving at that time?
KATHERINE MAGBANUA: I think he had that Mercedes. Mercedes.
MS. KAWASS: Okay. The one that we saw in the picture?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And when you get to the restaurant, are Wendi and who you now know is Jeffrey Lacasse — were they both there?
KATHERINE MAGBANUA: Yes, ma'am. They're already sitting there.
MS. KAWASS: And did you show up before Charlie, or you guys got there at the same time?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: And how did Wendi and Jeffrey — I mean, I know you probably don't remember too much — but did anything weird stand out with the two of them, or it was obvious to you that they were dating?
KATHERINE MAGBANUA: Um, nothing weird. They were just there together.
MS. KAWASS: Anything stand out from you from that dinner — anything that, you know, you remember that stood out to you?
KATHERINE MAGBANUA: Well, not that I can recall.
MS. KAWASS: Okay. And then after that dinner, where did you go? Home?
KATHERINE MAGBANUA: Okay, yeah.
MS. KAWASS: And do you know where Charlie went?
KATHERINE MAGBANUA: He probably went back to his house.
MS. KAWASS: Okay, he didn't go home with you?
MS. KAWASS: Now at this time when you're full on — well, not full on, but you're dating Charlie, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Are you seeing any other — any other men?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Right. Did you have time to see any other men?
KATHERINE MAGBANUA: I did not.
MS. KAWASS: How many jobs were you working at that time? Now we're in March of 2014.
MS. KAWASS: Were you still at Sophie Dental, if you can remember?
KATHERINE MAGBANUA: I think I... I can't remember.
MS. KAWASS: Is there ever a time from 2012 onwards that you remember not having a job?
KATHERINE MAGBANUA: No, I always had a job.
MS. KAWASS: And sometimes multiple jobs, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And even when Sigfredo was out of the picture at this time, you were able to, with your job, you know, provide for your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you have any other family help?
KATHERINE MAGBANUA: Yeah, my mom.
MS. KAWASS: Your mom would help you out?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How would she help you out?
KATHERINE MAGBANUA: She'd either transfer money, or, like, she'd give me cash.
MS. KAWASS: Now describe for the jury — now you're dating Charlie — how is Sigfredo's presence in your life at this time? Where was he living, if you know, when you were dating Charlie?
KATHERINE MAGBANUA: Yeah, I know he wasn't living — like, he's probably, like, living at his friend's house, but eventually he ended up living with that girl, sure.
MS. KAWASS: Yeah. Okay, so but you don't know when that transition took place?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right, so as far as you knew, he's staying with friends, things like that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was it any of your concern where he laid his head at night?
MS. KAWASS: Why?
KATHERINE MAGBANUA: We weren't together.
MS. KAWASS: And you saw the call detail records about the flurry of communications between you and Sigfredo and Charlie?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Is there almost like a pattern of coming up on Fridays — is where the increase of the calls happen? Why is that?
KATHERINE MAGBANUA: Um, because usually we were trying to work out something where, you know, one weekend I get the kids and then he tried to help me out the following weekend. So I'd usually start blowing up his phone, like, Fridays if I can't get a hold of him, because it was always difficult for him to take care of the kids.
MS. KAWASS: Okay, so, and you're still in your mid-20s at this time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And would you go to him first before you go to other family members to watch?
KATHERINE MAGBANUA: Of course, yeah.
MS. KAWASS: And it wouldn't be a situation where you would call back to back and he wouldn't pick up?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right, and you wouldn't let up on the texting and...?
MS. KAWASS: And that's because he's the father of your kids, right?
MS. KAWASS: And you wanted him to help you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You notice anything unusual about the fact that you'd be texting the father of your kids and then maybe not get through and then maybe make a phone call to your boyfriend?
MS. KAWASS: All right. Now at the time you did see some of the summaries that were presented by the State in this case, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, there's a lot of numbers on your call detail record that haven't been identified?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. The only one that they were able to put in there is Yindra?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And she testified here today, right? You had other close friends at that time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Who were your closest friends?
KATHERINE MAGBANUA: Um, Kenya and Maria.
MS. KAWASS: Okay. Would you say that they were your best female friends?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Were they closer to you than you were to Yindra?
KATHERINE MAGBANUA: At that time, I mean, they're my two best friends.
MS. KAWASS: They're your two best friends?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. And they're not your only friends, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: If I had you look at those numbers now, do you think you'd remember whose number belonged to who?
KATHERINE MAGBANUA: I don't think so.
MS. KAWASS: Okay. It would be in your contacts, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now did you... as far as you knew, did Sigfredo know about Charlie, that you were dating this guy?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And why do you believe, or how do you know that — how do I know that, you know — or how do you... what is it that made you realize that he knew that you were dating this guy? Did you say it to him, or...?
KATHERINE MAGBANUA: Did I ever make a comment? I probably did, like, I probably mentioned Charlie's name or whatever, trying to get him mad.
MS. KAWASS: Oh, yeah, to push some buttons with him?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And you frequently spoke to your boyfriend Charlie about the father of your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Sigfredo?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: So you refer to him to Charlie as several different names, right? Well, one — you've called him Tuto before, right?
KATHERINE MAGBANUA: Uh, Sigfredo. Yeah.
MS. KAWASS: Yeah. So Charlie Adelson knows the name Tuto?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So when you heard on some of the recordings him saying, "I don't even know who these guys are," and he keeps repeating it over and over, he's lying, right?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: Now in May, June of 2014, okay — that is when Kaylee's birthday is, right? May 30th?
KATHERINE MAGBANUA: May 30th.
MS. KAWASS: Just a few days before June 1st, 2nd and 3rd, 4th, where they say the first trip happened, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All right. What did you do for your birthday — for Kaylee's birthday, if you can?
KATHERINE MAGBANUA: I just had, like, a little gathering in the house. Just, like, another friend of mine, I think, and her kids.
MS. KAWASS: Okay, something small?
KATHERINE MAGBANUA: Something small.
MS. KAWASS: How old was she turning? One — wait, no, this is 2014. Two.
KATHERINE MAGBANUA: Two.
MS. KAWASS: Okay. And you're still living at the same apartment?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who was living with you at the time?
KATHERINE MAGBANUA: My mom.
MS. KAWASS: All right, so it's just the four of you?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Two kids, you and your mom?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Would Sigfredo still come over?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Why is that?
KATHERINE MAGBANUA: He'd come by every now and then, see the kids, hang out.
MS. KAWASS: Were there times where he would come and take the kids and take care of them for the weekend?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So he wasn't a complete total absentee?
KATHERINE MAGBANUA: No, no.
MS. KAWASS: Was he consistent, though?
KATHERINE MAGBANUA: He wasn't... he wasn't consistent.
MS. KAWASS: Now around that time, you've seen these things about you pinging and going to take Sigfredo to rent a car. Did that ever happen?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Do you have any idea why your cell phone would have been pinging on that day eight years ago? Do you remember why?
KATHERINE MAGBANUA: No, but one of my friends lives close by there, so.
MS. KAWASS: Okay. Which friend of yours lives close — Kenya?
KATHERINE MAGBANUA: Kenya lives there.
MS. KAWASS: Okay. But you wouldn't even be able to tell the jury if that is consistent with that tower, because you don't know anything about towers, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. But had you taken him to go rent a car? You think you've never taken him to rent a car?
KATHERINE MAGBANUA: No, I've never taken him.
MS. KAWASS: Okay. Now when you were at this time, did Sigfredo own a car, or was he just switching cars all the time?
KATHERINE MAGBANUA: He was switching cars. I don't know if he had his own car at that time.
MS. KAWASS: So it could be that he would — you just don't know whose cars he was driving?
KATHERINE MAGBANUA: Yeah, he would just get his friend's cars, or, I don't know, I didn't know what he was really doing at that time.
MS. KAWASS: Did you ask?
MS. KAWASS: How — would you ask about what his day-to-day, what he was doing every single day? Would he have answered, told you what he was doing every day?
KATHERINE MAGBANUA: Probably not.
MS. KAWASS: Why?
KATHERINE MAGBANUA: I just... he doesn't tell me everything. But also, too, like, you don't have to tell him what you're doing every day.
MS. KAWASS: Right. Now why is that?
KATHERINE MAGBANUA: We're not together.
MS. KAWASS: So I want to talk to you about this day, because this day actually stands out in your memory. Okay, it's the July 1st confrontation. Okay, now explain to the jury in your own words what happened that day. So let's start with — do you get a call from Charlie? Like, is he inviting you to go out?
KATHERINE MAGBANUA: I don't remember, like, who called who first or whatever, but I know he wanted to go out on the jet ski.
MS. KAWASS: And were those his jet skis? So, a jet ski?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Oh, just one?
KATHERINE MAGBANUA: One, yeah.
MS. KAWASS: Okay. Um, had you guys ever gone jet skiing before?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: All right. Um, and what happened? Had Sigfredo... what happened with Sigfredo that day? Did he come and pick up your kids?
KATHERINE MAGBANUA: Yes, he did.
MS. KAWASS: All right. Was it his turn to watch the kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And he picks them up. How old are Ethan and Kaylee around this time? Kaylee would be two?
KATHERINE MAGBANUA: Two.
MS. KAWASS: And so Ethan would be five?
KATHERINE MAGBANUA: No, probably seven.
MS. KAWASS: Seven, okay.
MS. KAWASS: So he takes the kids. Do you remember what car he was driving at that time?
KATHERINE MAGBANUA: I believe he had, like, a blue Volvo.
MS. KAWASS: Okay, and is this the car that he was in when the confrontation happened?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right, so do you see him take the kids and leave?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Where do you think he went, or you just didn't ask?
KATHERINE MAGBANUA: Well, I mean, I found out later that he was at, like, a pizza place, like down the block from, like, where we stayed, where I stayed.
MS. KAWASS: But when he left, you had no idea where he was, where he was?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: So you come downstairs — does Charlie come to pick you up?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What's he driving?
KATHERINE MAGBANUA: Uh, the Lexus.
MS. KAWASS: And what's tapped onto the back of the Lexus? The jet ski?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: What is this — outside your North Bay Village apartment?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is this in the parking lot?
KATHERINE MAGBANUA: Uh —
MS. KAWASS: Is he picking you up?
KATHERINE MAGBANUA: Yeah, yeah, he picked me up in the parking lot.
MS. KAWASS: So he picks you up in the parking lot. Are you guys able to exit the parking lot?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. When is it that you see — you tell the jury what happens next.
KATHERINE MAGBANUA: Um, as we are pulling out of, like, the parking lot, we were gonna go down the way, like, one of the roads, and Sigfredo cut us off and just jumped out of the car and started screaming in the middle of the street.
MS. KAWASS: So you're on a roadway? Okay, he blocks in. Do you immediately recognize that that's Sigfredo's car?
KATHERINE MAGBANUA: It was fast, but he jumped out of the car and, like, stood in the middle of the street, so I knew it was him.
MS. KAWASS: Now describe for the jury — because he's not a small guy, Sigfredo, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay, he's a lot taller than you are?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. And at that time, was he, you know, working out?
KATHERINE MAGBANUA: Yeah, he was — he was fit.
MS. KAWASS: He stood up in front of the car and what did he do?
KATHERINE MAGBANUA: He just started screaming in the middle of the street, but I didn't know what he was saying.
MS. KAWASS: Could you hear what he was saying?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Were the windows up?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All right. And do you know if he was screaming in English, Spanish?
KATHERINE MAGBANUA: I don't know what he was saying.
MS. KAWASS: Now when you see him, what was your reaction?
KATHERINE MAGBANUA: I was shocked.
MS. KAWASS: What was Charlie's reaction?
KATHERINE MAGBANUA: Oh, he was petrified.
MS. KAWASS: Now when you say he was petrified, what do you mean?
KATHERINE MAGBANUA: He was just — he looks at me and then he's, like, just trying to find a way to get out of, like, the one — because the street is very narrow. So he was trying to figure out how to basically do, like, a turn with the jet ski so we can go the other way.
MS. KAWASS: Okay, so basically turn around, because now Sigfredo was blocked off the other way?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did Charlie ever get out the car?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did Charlie ever say anything to you in the car — say something to you, yeah, about Sigfredo?
KATHERINE MAGBANUA: No, he was just — right, yeah, he was trying to get — his focus was to get out of the way.
MS. KAWASS: Now did he get out of the way?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What happens when you guys drive off?
KATHERINE MAGBANUA: Um, Sigfredo, like, kind of pulls — like, he jumps back in the car and he pulls up next to us and he's just screaming, and I'm just looking at him like, like, why are you, you know, you're — he was being crazy.
MS. KAWASS: Did you see him get on the phone — get on the phone when he was on — while he was driving? At any point that day, did you see that he had gotten on the phone?
KATHERINE MAGBANUA: Not that I know of, no.
MS. KAWASS: Okay. Now did you find out that at some point after you left that he had made a phone call to the Adelsons?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How did you find out that he had — that that phone call had been made?
KATHERINE MAGBANUA: Don't quite remember.
MS. KAWASS: Do you know whether — did Charlie tell you, or did Sigfredo tell you?
KATHERINE MAGBANUA: I think this was — I mean, this was already on the way when I came back, like when I was going to pick up the kids from Sigfredo. So I was — he was, like, trying to cut — I mean, we were fighting about something, I guess, the whole situation, but I went out to the jet skis already, like, we already went out, and this was on the way back.
MS. KAWASS: Oh, so you'd already —
KATHERINE MAGBANUA: I was already gonna pick up the kids from Sigfredo.
MS. KAWASS: Where was Sigfredo with the kids? Do you remember?
KATHERINE MAGBANUA: I know — I think I pulled up in front of Shrimp's house, and that's where he was with the kids. The kids might have been inside the house, because, or he left them with his mom, but I was — I was talking to him, like, we were outside, and he was on the phone.
MS. KAWASS: Okay, so that is when he, as far as you know, is making the phone call?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Could you hear what he was saying?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did you know who he was speaking to? Was he talking?
KATHERINE MAGBANUA: Yeah, he was talking, and then he walked away. Like, he was talking on the phone and then walked away, and I'm, like, chasing him in the middle of the street.
MS. KAWASS: All right. Were you able to get his phone from him or anything like that? And why is it that you end up calling Harvey Adelson after that debacle?
KATHERINE MAGBANUA: Because he left the message apparently on his phone.
MS. KAWASS: And why — what was your purpose of calling the Adelsons? Were you embarrassed?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: What did Charlie ever say? Did he ever talk to you about that afterwards — about, you know, what happened with Sigfredo doing that?
KATHERINE MAGBANUA: I don't — I don't remember.
MS. KAWASS: Okay. You don't remember him specifically discussing that with you, or saying anything about it?
KATHERINE MAGBANUA: I think about leaving a message on the phone, on his dad's phone, yeah. But besides that, not that I can recall.
MS. KAWASS: Did he seem upset that this is what had happened — like, you know, "Oh, your psycho ex-boyfriend, like, I can't be with you because he's so crazy"? I mean, I guess. Did Charlie ever kind of say that to you, like that — oh, because of that incident, that that is what would have caused your later breakup?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did he ever talk badly to you about Sigfredo?
KATHERINE MAGBANUA: Not really.
MS. KAWASS: And you would talk to him about how frustrated you are with Sigfredo, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All the time, yeah, about how he doesn't help take care of the kids?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And wouldn't Charlie be always encouraging you, as a father of your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And he was always kind of encouraging you not to end everything with him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who's Yindra Mascaro?
KATHERINE MAGBANUA: She's — I've worked with her. I mean, she was a high school friend too, but she was younger than me, and we started hanging out when, you know, she said — I guess her birthday, one of her birthdays.
MS. KAWASS: And did that sound right to you, that you remember?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And so you guys got back to, you know, you see each other at the club, it's her birthday, and your friendship kind of starts there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, she actually worked in the clubs with you, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now let's talk about the two clubs that you worked at. Were there more clubs that you worked at, or was it just those two?
KATHERINE MAGBANUA: At that time, I think it was only those two.
MS. KAWASS: What is the first club you worked at?
KATHERINE MAGBANUA: I worked at Fate.
MS. KAWASS: Okay, so Fate first?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, and that's the one where your former boss came in here, Mr. Naber.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now explain to the jury how it is that you made money and how you were paid at that job at Club Fate.
KATHERINE MAGBANUA: Like, okay, like, I did bottle service and I bartended as well, and we would get cash tips or on credit cards.
MS. KAWASS: Okay. And was what he said — you know, Mr. Naber said it, you know, fairly correct, that the only thing they can really track from you guys is what's written on the credit card receipt?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you declare all of your cash tips?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. As far as you know, all the other employees — did you know if they all declared their cash tips?
KATHERINE MAGBANUA: Any of them did.
MS. KAWASS: Okay. Is that something that's normal in the service industry?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And why do people not declare all of their tips?
KATHERINE MAGBANUA: So they can keep all the money and not have to pay too much tax.
MS. KAWASS: Yeah, right. So how long do you remember working at Club Fate?
KATHERINE MAGBANUA: The dates have been so off, like, I don't — I don't even remember anymore.
MS. KAWASS: Okay, so we should rely on things that are in records?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, because I don't want you to — if you don't remember, you don't.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Now, what would you do with your cash? Every time you made cash, did you just go to the bank the next day and deposit it?
KATHERINE MAGBANUA: No, I usually saved it.
MS. KAWASS: Okay. And where would you save it? At home?
KATHERINE MAGBANUA: At home.
MS. KAWASS: All right. But you did deposit some of your cash into the bank?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And when?
KATHERINE MAGBANUA: When I had a chance to.
MS. KAWASS: Okay. And you have two bank accounts?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you deposited cash into both your accounts?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And that's something you've been doing most of since you had a bank account?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Even before you met Charlie Adelson?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Did Sigfredo ever come out to the clubs and see you working?
KATHERINE MAGBANUA: Not that I know of.
MS. KAWASS: Okay. That probably wouldn't have been a good idea, right?
KATHERINE MAGBANUA: Probably not.
MS. KAWASS: All right. And did Charlie ever come out to Club Fate while you were working there?
KATHERINE MAGBANUA: Not that I know of.
MS. KAWASS: Right. Did you have other jobs while you were working at Club Fate?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Because you saw on the chart — your employment overlaps sometimes — so was there a time when you were working at Club Fate but not holding any other jobs, or you'd have a nine-to-five and then just do the club?
KATHERINE MAGBANUA: I believe so. I usually have two jobs.
MS. KAWASS: All right. And after Club Fate, what was the next club you worked at?
KATHERINE MAGBANUA: Hollywood Live.
MS. KAWASS: All right. Now you saw that photograph that the State presented as to what Hollywood Live was, right?
KATHERINE MAGBANUA: Okay.
MS. KAWASS: In your opinion, is that a fair and accurate representation of what the club looked like?
KATHERINE MAGBANUA: No, it was not.
MS. KAWASS: Back in 2016?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. It wasn't the — I mean, the club opened that night, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, and it didn't look as run down as it did in that picture?
MS. KAWASS: You now know that picture was taken during the pandemic?
KATHERINE MAGBANUA: The pandemic, yes, ma'am.
MS. KAWASS: Do you know someone by the name of Dan Markel? Yeah, not now — I mean, not now — but I'm just gonna ask you right now and you can tell the jury: did you have anything to do with the murder of Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did you know anything about the murder of Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Would you have ever assisted anyone in having a father of two killed?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Would you assist anyone in having anybody killed?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did did you know anything about Wendi Adelson's divorce?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you know anything about her custody battle over her kids?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you even know she had kids?
KATHERINE MAGBANUA: I knew she had children, yes.
MS. KAWASS: Okay. Were her kids with you when — that time that you were at the Icon with Yindra?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. And that was on Father's Day in 2014.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: What happened on that day that you all came together on that day in June, I think? What happened? Yeah, how is it that you ended up in a picture with Wendi Adelson and Yindra?
KATHERINE MAGBANUA: Um, Charlie invited me to go down to the beach, and then his sister was in town, I guess, and I was already with Yindra. So I was like, "You want to go to the beach?" So then she tagged along with me.
MS. KAWASS: Sorry — for the jury — South Beach, okay. It's more like a tourist place, especially south of Fifth, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: This is the South Beach everybody sees on TV with the neon lights and all the hotels, right? Now the Icon — it's a massive, like, I don't even know how many stories apartment building.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Is that the building that had that staircase that you saw Donna Adelson walking down on the bump?
KATHERINE MAGBANUA: I don't know.
MS. KAWASS: Okay. But when you get off the bridge —
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It's one of the first buildings on your right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, and you even recognize the school?
KATHERINE MAGBANUA: Yes, that was my elementary school.
MS. KAWASS: Was your elementary, yeah. Now that apartment building has a very nice pool?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And access to the beach?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right, so you said he invited you to come over to hang out at the beach in the pool, and you invited Yindra with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's the second time you hung out with Wendi Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did she talk to you or Yindra about divorce?
MS. KAWASS: Anything about relocation with her kids?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You guys weren't close like that, right?
MS. KAWASS: You had no idea that this was going on in her personal life?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now I want to talk to you about July 18. You now know that that is an important day back in 2014. That day doesn't stick out to you, so if for example we had all your text messages from that day on Charlie's iCloud, that would be a good memory jogger for you, right?
KATHERINE MAGBANUA: Probably so.
MS. KAWASS: If Charlie Adelson had ever spoken to you about a homicide or a murder, would that stick out in your mind?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: Okay. Do you remember him mentioning that his brother had been in an accident?
KATHERINE MAGBANUA: Do I remember him mentioning that?
MS. KAWASS: That his brother had been in a car accident?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. That was the night that you said that you could have possibly dropped your kids off to Yindra to go and be with him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you remember if that's the night that you went and spent with Charlie?
KATHERINE MAGBANUA: No, I don't remember.
MS. KAWASS: Is it possible, though?
KATHERINE MAGBANUA: Maybe.
MS. KAWASS: Okay. If the record said you did, can we rely on it?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And if you were there that night, did anything stand out to you about Charlie's behavior?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did he ever to you seem weird or nervous, or say that he was sick? Did anything stand out to you that night?
MS. KAWASS: All right. Did Charlie Adelson give you $100,000 in stapled cash to then go and give to the father of your kids who you were not with the next day?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: If Charlie Adelson had said to you, "Here's $100,000 in stapled money," what would you do?
MS. KAWASS: What would be your first question to him?
KATHERINE MAGBANUA: Why are you giving me that?
MS. KAWASS: Okay. Did you ever see him with stapled money?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, you heard Ms. Umchinda — she's seen the stash of money.
MS. KAWASS: Were you — even though you were dating — were you at his house every single day?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And why was that?
KATHERINE MAGBANUA: I had the kids, and I could never just go away and spend the night.
MS. KAWASS: Okay, so you'd have to get basically...
KATHERINE MAGBANUA: A babysitter.
MS. KAWASS: A babysitter.
MS. KAWASS: Did you spend the night at Charlie's house a lot?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. You'd have to come back home?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Where did your brother live at the time?
KATHERINE MAGBANUA: He lives — he lives in Tamarack.
MS. KAWASS: All right. Close to the Adelson Institute?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Very close?
KATHERINE MAGBANUA: Very close, yeah.
MS. KAWASS: And your brother — married with kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, the next day, you sit — well, they say that the next day, the July 18th — for the Friday. Okay, I'm telling you, I'm sure you don't remember. The next day is July 19th, where there is this allegation that you went over to Jessica Rodriguez's house to drop off money.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, let's talk about that. You know Jessica Rodriguez, right? How do you know her?
KATHERINE MAGBANUA: Um, she's Pato's girlfriend, ex — baby mama.
MS. KAWASS: So were you guys close before she got pregnant, or it was only until she got pregnant?
KATHERINE MAGBANUA: I think when — like, after she got pregnant. Or I think I knew her when she had the baby, like when she had the — the belly.
MS. KAWASS: Oh, when she actually —
KATHERINE MAGBANUA: Yeah, yeah.
MS. KAWASS: Okay. And even though you and Sigfredo weren't together, you and her bonded?
KATHERINE MAGBANUA: Oh, yes, ma'am.
MS. KAWASS: Was she having the same problems with Luis that you were having with —
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: — Sigfredo? She trying to keep — she has no idea where he is and all of that? Did she complain about him to you?
KATHERINE MAGBANUA: Um, I believe — yeah, we probably spoke about it.
MS. KAWASS: Did you know that he was a Latin King gang member?
KATHERINE MAGBANUA: I did, because of, like, the crown. Like, now they talk about it, like, all the time with it, with the Latin Kings. Like, I don't know at that time if I knew he was in the Latin King, but I do know.
MS. KAWASS: You do know. Yeah. Okay. Was Sigfredo, to your knowledge, ever in a — in a gang?
KATHERINE MAGBANUA: No. Sigfredo was not in the gang.
MS. KAWASS: All right. And so on this day, did that happen?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You never went and were trying to find Sigfredo and to get him to drop off money for a murder?
KATHERINE MAGBANUA: No, ma'am. I was looking for Sigfredo, but not for that.
MS. KAWASS: And in your text messages, you see that from that day, you actually was trying to get Ethan, and you were going to go take him to the pool.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. But it's a weekend.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's Saturday. So it's not unusual for you to be looking for Sigfredo?
KATHERINE MAGBANUA: No, ma'am. It's probably his weekend, and he wasn't picking up the phone.
MS. KAWASS: Yes, ma'am. Okay, you — you heard Luis Rivera say that you called him first.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's not true, is it?
MS. KAWASS: He called you. You were looking for him. Do you remember if who you called was Anthony Ortiz or Jessica Rodriguez?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. Would that be normal, that you would try one of them to try and find out where Sigfredo is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Why?
KATHERINE MAGBANUA: If I couldn't find him and I was blowing up his phone, it'd be the next person that I would think would be around him.
MS. KAWASS: And that's Hibaro, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: That's Anthony Ortiz.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He was close to Sigfredo.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And you would probably go to Jessica first before you call Luis.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. That number that they found in your phone turned out to be a wrong number for him.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You don't talk to him that much, do you?
KATHERINE MAGBANUA: To whom?
MS. KAWASS: You — back then, you didn't talk to Luis a lot.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Hardly ever on the phone?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And they only got your records from May forward, right? We're unable to get any of your records past then — before then, right? And that time that you tried to reach out to that number, that's because you didn't know what his new number was.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. And you had an old, wrong number for him.
KATHERINE MAGBANUA: Yes, ma'am. Well, I've had the same phone forever.
MS. KAWASS: How long have you had your phone?
KATHERINE MAGBANUA: I've had that phone since I was in high school.
MS. KAWASS: The same number?
KATHERINE MAGBANUA: The same number, not the phone. The same number, yeah.
MS. KAWASS: Now let's talk about your work for Charlie Adelson. Okay, because you heard a lot of testimony about — there's no evidence that you were working at the Adelson Institute. Were you working at the Adelson Institute?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Who gave you that job?
KATHERINE MAGBANUA: Charlie.
MS. KAWASS: Okay. Explain to the jury why you asked him to put you on the payroll.
KATHERINE MAGBANUA: Well, my son — he had a disability, he has a disability, and I needed to get insurance for him, and the jobs that I was having didn't have insurance — it was so high. So I asked him to do me that favor, to put me, um, in his office so that I could have a job on paperwork.
MS. KAWASS: Now, you didn't work for Donna Adelson.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You didn't work for Harvey Adelson.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. What would you do for Charlie Adelson to get that bi-weekly paycheck that you were getting?
KATHERINE MAGBANUA: Well, I was more like his assistant. Like, just — I helped him get like the — for his website, and set up those appointments for him, and just odd things, you know, odd jobs.
MS. KAWASS: Would it be a situation where he asked you to do something and you just do it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You didn't have a set schedule.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Of what your duties for him entailed, right? And you wouldn't agree to be put on the payroll if you were involved in a homicide, right?
KATHERINE MAGBANUA: No, ma'am, because that's just stupid.
MS. KAWASS: Yes, ma'am.
MS. KAWASS: So when you hear that he says, oh, you know, you go and you clean up and stuff like that —
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Explain to the jury what he's talking about.
KATHERINE MAGBANUA: I mean, he just goes off on things, and I just —
MS. KAWASS: Okay. Are there times where you would go and clean up if he had asked you to?
KATHERINE MAGBANUA: Have I ever? Yeah.
MS. KAWASS: Go what, to the office?
KATHERINE MAGBANUA: I mean, I think — in fact, I lied about it. Like, I told him that I did, but I really didn't.
MS. KAWASS: So that you'd say to him, oh, yeah, yeah, I went and I cleaned up, but you didn't really?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Were other things that you did for him too — was — what, name some of the things that he — you said the website, you know, any other odd things?
KATHERINE MAGBANUA: I've done the rental — he had like rental places, and I've had — I've had to talk to the tenants before, and, um, collect actually rent before for — for the tenants. And don't really remember much, been so long.
MS. KAWASS: But it was a situation where it's just, hey, if he calls me and he asked me for something, I'm just going to do it.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. He didn't ask you to do anything weird.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Like get someone — to get a hitman to commit a murder of his ex-husband. Had Charlie Adelson asked you if you knew a hitman — if you knew a hitman or knew someone that could commit a murder for him, would you stay in a relationship with someone like that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Would you have called the police?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now I want to talk about your breast augmentation.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How long have you wanted breast augmentation?
KATHERINE MAGBANUA: Since I was in high school. Yindra even said that.
MS. KAWASS: Yes, ma'am. And had — how long have you been saving up for that?
KATHERINE MAGBANUA: I've been saving up for a while.
MS. KAWASS: All right. What is the benefit of paying for that in cash as opposed to a credit card?
KATHERINE MAGBANUA: Well, working in the medical field, whenever you pay cash, you get a discount. So I spoke to the doctor about it — actually, the coordinator — and I asked them if I paid a certain amount, you know, can you guys give me a discount?
MS. KAWASS: And that's because if you get charged by credit card, they could be charged a fee?
KATHERINE MAGBANUA: Yeah, exactly.
MS. KAWASS: Did Charlie Adelson give you money or pay for your breast augmentation?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Who paid for your breast augmentation?
KATHERINE MAGBANUA: I did.
MS. KAWASS: So Sigfredo didn't pay for it either?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: When you had your breast surgery, do you remember when that was — or that — when was it?
KATHERINE MAGBANUA: I believe it was like October, around October.
MS. KAWASS: Had you broken up with Charlie at this point?
KATHERINE MAGBANUA: We never really, like, broke up, because we never really had, like, a specific day where we started going out. But I don't think I was — like, we weren't hanging out as much at that time.
MS. KAWASS: Do you remember — explain to the jury how it is that things kind of tapered off with you and — what — and Charlie, how it kind of like dwindled down? Yeah, because I'm sure he was — you know, he is calling you all the time and you guys talking to each other all day.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And then at some point, did it kind of — he was just not calling you as much?
KATHERINE MAGBANUA: Yeah, it just kind of — well, dwindled down. I see now from the text messages.
MS. KAWASS: All right, and you can see now from the communication — all right, after the murder, it just goes —
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He never said anything to you though, like, about why that happened? He just kind of ghosted you?
KATHERINE MAGBANUA: Yeah, yeah.
MS. KAWASS: Were you aware that he was also — he began talking and seeing — to another, another woman?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you ask him about that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: That wasn't your business?
KATHERINE MAGBANUA: That wasn't my business.
MS. KAWASS: Now even though, you guys, the intimacy in your relationship kind of dwindles down — because you were never formally boyfriend and girlfriend.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So when that kind of dwindled down, did you remain friends with Charlie?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did he constantly keep in communication with you?
KATHERINE MAGBANUA: Yeah, he would, yeah.
MS. KAWASS: All throughout, up until Sigfredo was arrested?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. It's like maybe not daily, but every few days, you guys remained in contact?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So it wasn't weird that, you know, something happens in May, and it's not like he just called you out of the blue.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've always been talking.
KATHERINE MAGBANUA: Yeah, we were always communicating.
MS. KAWASS: Now, when did you move out of the Treasure Island apartment and move to the other townhouse?
KATHERINE MAGBANUA: After the Treasure Island, I believe I stayed, like, in 125th, around that area at an apartment. And then I moved to a townhouse when I was with Sigfredo.
MS. KAWASS: Okay. Now let's talk about when it is that you remember you and Sigfredo getting back together. It was that Pacquiao fight.
KATHERINE MAGBANUA: It was that Pacquiao fight.
MS. KAWASS: Okay, so that's correct.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Was that, like, the official day that you guys kind of said, okay, we're back?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That was over a year — or about a year — after the murder of Dan Markel.
KATHERINE MAGBANUA: That was in May 2015.
MS. KAWASS: May 2015. And Luis Rivera was there, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, but then he got arrested right after that, right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: When he got arrested, did everyone find out what he was arrested for?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: About that RICO?
KATHERINE MAGBANUA: Mm-hmm, yes, ma'am.
MS. KAWASS: Were you surprised?
KATHERINE MAGBANUA: Not really.
MS. KAWASS: Were you worried that Sigfredo was gonna get arrested?
KATHERINE MAGBANUA: No, 'cause he's not in the game.
MS. KAWASS: Okay. Did Sigfredo ever say anything to you about Luis's arrest?
KATHERINE MAGBANUA: Not that I remember now, but I think everybody knew about it. Like, you know, all over social media — not social media, but everybody, like, knew about it. I don't know if Yindra mentioned something about it to me.
MS. KAWASS: And then — but it spread up amongst all your small group of friends. And it's not even a group of friends — these are people who all went to high school together, a lot of them remained in Miami, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And now, when you moved out of Treasure — the Treasure Island apartment, did your mom go with you out of Treasure?
KATHERINE MAGBANUA: No, I just moved with the kids.
MS. KAWASS: Okay, and so it was just you and the kids.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you remember an accident with Sigfredo Garcia?
KATHERINE MAGBANUA: What kind of?
MS. KAWASS: On a motorcycle.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you remember when that was?
KATHERINE MAGBANUA: I believe that was in the beginning of 2015.
MS. KAWASS: Did you find out who it was that he was on the bike with?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Was — was that an issue for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was Sigfredo trying to get back together with you at that time?
KATHERINE MAGBANUA: I think he was trying to get me to take care of him, but I was like, you're on your own, because you just got in a — you know, like, this girl was just in a motorcycle accident with him.
MS. KAWASS: And you had no idea that he was still seeing Shrimp?
KATHERINE MAGBANUA: I mean, at that time, I don't think so.
MS. KAWASS: Okay, and because he was still seeing her, that probably put a little wrench in him getting back together with you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, I want to talk — oh no, we already went through all this. So I want to also talk, yes. You see the cash deposits, right? All right. Now, is there ever a time where if Sigfredo ever came into a large money, he'd come and give it to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you know how many times that happened?
KATHERINE MAGBANUA: Not a specific number, but it would happen every now and then.
MS. KAWASS: Okay. Did you ask him where the money came from?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Why?
KATHERINE MAGBANUA: It was probably something illegal.
MS. KAWASS: Okay. Yeah. And you just didn't want to know anything?
KATHERINE MAGBANUA: I did not care.
MS. KAWASS: Okay. And why didn't you care?
KATHERINE MAGBANUA: Because they needed the money for the kids.
MS. KAWASS: So — so if you ask them — but that did happen. You do remember occasions where he had come and given you a bunch of cash.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: What's the most cash he's ever given you, if you remember that?
KATHERINE MAGBANUA: I can't recall.
MS. KAWASS: And you can't tell this jury specifically if he did that in July of 2014?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Because if you did that, you'd be — you'd be lying?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: You — you don't remember?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Now, after you and Sigfredo get back together in 2015, did — you were still talking to Charlie?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: As friends?
MS. KAWASS: Did you keep that away from Sigfredo?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. So he didn't know that you were still in communication with your ex?
KATHERINE MAGBANUA: Not that I know of, no.
MS. KAWASS: And what do you think his reaction would have been if he knew that you were still —?
KATHERINE MAGBANUA: He wouldn't like it.
MS. KAWASS: As far as you knew, what was Sigfredo's feelings towards Charlie?
KATHERINE MAGBANUA: Towards Charlie?
MS. KAWASS: Yeah. Did he like him? Did he not like him?
KATHERINE MAGBANUA: He probably didn't like him.
MS. KAWASS: Okay. But, I mean — and I'm only asking if he ever said or did anything in front of you to make you think so. Apart from him trying to run you guys off.
KATHERINE MAGBANUA: Yeah.
KATHERINE MAGBANUA: No, he just — he didn't like him.
MS. KAWASS: Is he jealous when it comes to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. He doesn't like being with anybody else but him?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, was there a time when you began working for Jerome Obed?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who's Jerome Obed?
KATHERINE MAGBANUA: Jerome Obed was — he had a dermatology office. He was also Charlie's — I was just about to say bunkie because I'm so used to jail — roommate.
MS. KAWASS: Roommate. Okay. Now, he was living with Charlie at the time of the homicide, in July of 2014?
KATHERINE MAGBANUA: I believe so, yes.
MS. KAWASS: Because when you were still dating him, all the time that you were dating him, Jerome Obed was his roommate?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, so he was living with Charlie around the time that this homicide —
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. And he didn't come and testify here in this case, right?
KATHERINE MAGBANUA: No, he didn't.
MS. KAWASS: If you saw him, you'd remember, what?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now — now it's come to your attention about this whole — what we call the bump and Dolce Vita and all of that stuff. Now, I want you to explain to the jury so that they can understand what was going on around that time, okay?
MS. KAWASS: So we now know that that is April of 2016, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You're still with Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He's working, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Life is good as far as you know it.
MS. KAWASS: And you're still communicating with Charlie on a regular basis?
KATHERINE MAGBANUA: Not as much as before, but on a regular basis. Yes, ma'am.
MS. KAWASS: Do you remember the time where he called you? You — you can hear it now.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that weird for you listening to —
KATHERINE MAGBANUA: So weird.
MS. KAWASS: Okay. Do you have an independent recollection of the circumstances surrounding each of those conversations? A recollection of it?
KATHERINE MAGBANUA: Like, does it almost sound sometimes when you listen to it, it's almost as if you're listening to it for the first time, because it's been so long? That's not the first time that I've ever heard — from the last time. But, um, do I have? Yeah.
MS. KAWASS: Okay, so let's talk a little bit — let's talk about what you do remember, okay? Because the best person to explain what was going on in those conversations is you. Because Sigfredo's not here, right? They didn't tap his phone.
MS. KAWASS: Charlie is not here, right? Do you know where he is?
KATHERINE MAGBANUA: In jail.
MS. KAWASS: Okay. You know how long he's been in jail?
KATHERINE MAGBANUA: A month.
MS. KAWASS: Okay. So we'll get to that in a second. So he reaches out to you, and you heard that phone call where he tells you, oh my god, someone came up to my mom on the street.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. And he said to you they mentioned something about an ex-girlfriend.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All right. What was your response to him?
KATHERINE MAGBANUA: You have a whole bunch of other girlfriends.
MS. KAWASS: Okay. And you could hear your voice and the tone that you have.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It's surprised and shocked — of the words used to describe how you felt when — when he was telling you that someone mentioned or came up to his mom, right? Now, at that time when he tells you, oh, it has something to do with an ex-girlfriend, you had no idea that it had anything to do with you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Because that would be strange.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And he actually says to you on the phone, listen, if I'm wrong, I'm gonna feel like an idiot if it's not you on the phone call, right?
MS. KAWASS: So Charlie then goes and meets with his mother, right?
KATHERINE MAGBANUA: Oh, yes, ma'am.
MS. KAWASS: I'm sorry. And then the next day, he is asking to meet you in person.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did you find that strange?
KATHERINE MAGBANUA: Well, from the — like, him wanting to meet me the following day?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: Well, yeah.
MS. KAWASS: Why did you — and why did you think it was strange? See, that's what I'm getting confused. Because is it because he said — they said my name already? Or is it because he's saying the ex-girlfriend situation? Well, up until this point — because this is where I know things might get a little washed over for you, okay? — is he hasn't said anything. He's already met with his mom, so we can assume that his mother showed him the paper or gave him the paper, okay, right? And probably told him that they had said your name and Tuto's name.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The next day is when you go and he says, I need to talk to you in person, and that's when the Dolce Vita meeting is.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, you saw that picture where it is that it's a Mercedes and then you're behind on the Lexus, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's not the same day as the meeting, though.
KATHERINE MAGBANUA: No, I don't even know when they got that picture.
MS. KAWASS: Because y'all aren't wearing the same things that you are in Dolce Vita.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you go into a car and sit down with him before?
KATHERINE MAGBANUA: I don't recall that.
MS. KAWASS: All right.
KATHERINE MAGBANUA: That was the first time I heard it, when they were talking about it. I was like, I don't recall that.
MS. KAWASS: That you don't remember going and sitting in his car for 10 minutes and then leaving the car and going to go meet at Dolce Vita?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: The safest place, if you guys are going to be talking about something that you shouldn't be, would be in his car, in the car. So you then go to Dolce Vita. Try your best, because I know we've spoken about this over and over and over again, and you have been asked over and over again what you can remember about that meeting.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, we now have an enhancement, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: We didn't have that in 2019, right? In 2019, you were interviewed by Georgia Cappleman and Jason Newland.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: You know, when you heard a reference, that meeting as a joke?
KATHERINE MAGBANUA: Not to me.
MS. KAWASS: Okay. It wasn't a joke to you, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Where'd that meeting take place?
KATHERINE MAGBANUA: In Leon County Jail.
MS. KAWASS: Okay. And had you any idea that they were coming to talk to you?
KATHERINE MAGBANUA: No. No, ma'am. We actually, I think, just came back from, like, a pre-trial, I don't know, like, some court before trial was supposed to start that Monday, and then you — like, they just called me out. It was probably, like — it was pretty late already.
MS. KAWASS: It was at night?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And I — you were told that basically they're coming to talk and interview you.
KATHERINE MAGBANUA: Well, they said to go to —
JUDGE WHEELER: There's a lot of leading questions, but —
MS. KAWASS: Judge, I'm so used to — I'm not used to directing, so I'll switch it.
JUDGE WHEELER: Just let me know.
MS. KAWASS: So what was your — were you prepped at all?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. And Ms. Cappleman and Jason Newland sat in a room with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Were they allowed to ask you whatever they wanted?
KATHERINE MAGBANUA: Whatever they wanted.
MS. KAWASS: And you answered all their questions?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: They just didn't like your answers?
KATHERINE MAGBANUA: They did not like my answers.
MS. KAWASS: Okay. And what — it's because you said you had nothing to do and didn't know anything about the murder of Dan Markel?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, they keep saying that doesn't make sense, but you haven't heard anything in this case — that's not Luis Rivera — that contradicts what you've been saying.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, I want to stick on the ball, okay? So I'm — Dolce Vita. Explain to this jury, from what you remember, because we don't have the whole first half of the conversation — what was he saying to you?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. Now, was he talking about the thing that happened the day before with his mom?
KATHERINE MAGBANUA: Not that I can recall. I don't know the first 30 minutes of —
MS. KAWASS: Oh, no, just — I'm — I'm not even going to ask to pinpoint you to just anything in that conversation. You remember him talking about the — the his mom — the — the someone had come up to his mom?
KATHERINE MAGBANUA: Yes, ma'am. Yes, yeah.
MS. KAWASS: Okay. I thought you were talking about the first 30 minutes, I'm like, I don't — I don't remember what he was saying the first 30 minutes. So for the jury, you can't sit here and say, oh, he said X, Y, and Z to me in the first 30 minutes.
KATHERINE MAGBANUA: Yes. No, ma'am.
MS. KAWASS: If we had the enhancement or a clear recording, we would be able to know exactly what he was saying to you.
KATHERINE MAGBANUA: They do have it though, because they played it the last time.
MS. KAWASS: Oh, what — the — the video?
KATHERINE MAGBANUA: Oh, no, no.
MS. KAWASS: Right. But the, uh — you can — you can play it, but you can't hear.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And it's not that you're not talking, you just can't hear what you're saying.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now describe for them what it is that he was saying, from what you can remember. Was he giving you scenarios?
KATHERINE MAGBANUA: That's how he always talks. He talks in different scenarios, on and on and on.
MS. KAWASS: Okay. And why were you — did he mention Tallahassee?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he mention a murder?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he mention Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he mention Wendi's ex-husband?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. You heard that they said, oh, that he had said this had been on the news and everywhere.
MS. KAWASS: Had he said murder to you, would you have remembered him saying that?
KATHERINE MAGBANUA: Yes, ma'am. He would have — that would have stuck out.
MS. KAWASS: Was it unusual for Charlie to be nervous that the government was investigating him? Would it be normal?
KATHERINE MAGBANUA: Yeah.
KATHERINE MAGBANUA: Yeah, he's always sketched out about everything.
KATHERINE MAGBANUA: He's sketched out about everything.
MS. KAWASS: So you even hear when he's talking to his mom, is it the IRS?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, so he just — he didn't — can you remember specifically what he said to you?
KATHERINE MAGBANUA: Not specifically, no.
MS. KAWASS: Okay. And he was telling you that the reason he was even coming to you was because they had said your name?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did that seem odd to you that someone had said your name and Tuto's name to his mother?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Why did that seem strange?
KATHERINE MAGBANUA: Why would anybody be mentioning my name or Tuto's name to him and/or his mother?
MS. KAWASS: And you and Sigfredo were together at that time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: As far as you knew, Sigfredo did not know Donna Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: As far as you knew, there should be no reason why Sigfredo Garcia and Charles Adelson should even know each other?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So it's strange to you that you and Tuto are being said to Miss Donna?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Donna Adelson, right. Now, was he trying to convince you to call the number?
KATHERINE MAGBANUA: Yeah, he was trying to convince me the whole time. That's why he goes off of scenarios and — and this is what I want you to do.
MS. KAWASS: Did he say to you in that meeting, "I have nothing to do with this"?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: "I don't know what's going on, you know, you go and find out, and I hope that this is the police"?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, it doesn't sound like something that people who are conspiring to commit murder would say. Right?
MS. KAWASS: If you would have been freaking out.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Would you have been freaking out if that happened?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And are you able to fill the gaps for the jury if you were to sit down and listen to that enhancement to try and fill in what it is? Do you even remember what you were saying to him?
KATHERINE MAGBANUA: No, I don't recall.
MS. KAWASS: All right. But did he ever show you that paper?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. You would have remembered if you saw an article about —
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: — a law professor that was murdered. Okay. And in the video, you can actually see him holding it down here.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So you can't see it?
KATHERINE MAGBANUA: I did not see it.
MS. KAWASS: Why did you agree to call the number? Explain to the jury why you agreed to call the number.
KATHERINE MAGBANUA: Well, besides the fact that they were saying my name, I mean, I didn't — you know, through the whole thing, I've never did call the number.
MS. KAWASS: And so you were lying to Charles about calling the number?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, why were you lying to him about that?
KATHERINE MAGBANUA: Well, why would I have to be the one calling the number for him? That's why I just — I said because I had to do it for me.
MS. KAWASS: So you had asked Sigfredo to call the number for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And why did you ask Sigfredo to call?
KATHERINE MAGBANUA: Because they were mentioning our name.
MS. KAWASS: Okay. So would you have ever asked Tuto to do anything if they had only mentioned your name?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Because you wouldn't want —
KATHERINE MAGBANUA: Why would I? Exactly.
MS. KAWASS: Explain.
KATHERINE MAGBANUA: Why would I involve them in it?
MS. KAWASS: Okay. You just — you probably would have called then if they had just said your name?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And do you remember what you told Sigfredo about the situation that was going on?
KATHERINE MAGBANUA: No, not that I can recall.
MS. KAWASS: You don't know specifically what you told him?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: When you listen back to the call now, he sounds upset?
KATHERINE MAGBANUA: Yes, he was.
MS. KAWASS: Okay.
MS. KAWASS: And you heard that call where, well, it was minimized so some of it's missing, where you and him are screaming at each other?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And in that phone call, you're begging him to explain to you what happened, what's going on. All right? Is that something that's regular with Sigfredo, that he just basically says don't ask me anything?
KATHERINE MAGBANUA: Yeah, he always tells me don't worry about it.
MS. KAWASS: Okay. Why do you think he does that?
KATHERINE MAGBANUA: He never wants me to know anything.
MS. KAWASS: Okay. Do you think he's trying to keep you out of trouble?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: So you heard when he told you, the less you know the better, right? All right. And then even if you'd continue to press him, he just wouldn't —
KATHERINE MAGBANUA: He just — he would never tell me.
MS. KAWASS: So why is it that you — what was going on in your mind when this was going on? Who did you think that this person could have possibly been?
KATHERINE MAGBANUA: Well, the whole time, like, because all those phone calls that they played wasn't all the phone calls. There's so many calls in between that, and that's why I was so frustrated by the time at the end of the call when I'm basically screaming at Charlie, because he's been going on and on and on about this for a number of phone calls.
MS. KAWASS: Okay. And he never said — you never hear him say, "Don't talk on the phone, Katie"?
MS. KAWASS: The only one that said that to you was Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've heard Charles tell his mother not to talk on the phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And why on that day — explain to the jury, because you can hear the frustration in your voice, I mean, you're screaming at him to call the FBI.
KATHERINE MAGBANUA: Yes, ma'am. Charlie — well, that's what I said, he kept on and on and kept talking about this over and over and over, so I was like, just call the cops, call the FBI. Why are they harassing? But like I told you the whole time, since I don't know when, they had mentioned about a brother and Tato and all that stuff, so I thought it had to do with drugs or somebody that's trying to extort money from his family, which is like from Tato's family, from somebody. I thought on my own.
MS. KAWASS: Oh, so — so you were trying to investigate that maybe it was possibly someone that was linked to Sigfredo?
KATHERINE MAGBANUA: Who? Yeah, we were dating. A rich ex-boyfriend, yeah.
MS. KAWASS: Okay, so because of Sigfredo's background, it didn't seem that unusual to you that someone might have done that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. And who's Sigfredo used to hang around with? And why didn't you call the police?
KATHERINE MAGBANUA: How was I going to call the police when somebody else was getting harassed? I would sound weird. Like, what am I going to tell them? I have a friend that their mom is getting harassed that mentioned my name, so you need to go investigate them?
MS. KAWASS: If they had walked up to you, would you have called the cops? If someone walked up to you?
KATHERINE MAGBANUA: Oh, yes, I would.
MS. KAWASS: Okay. Now, all of this is going on, it's very weird. You know, we haven't heard all the phone calls, but you know that your phone was tapped all the way up until Sigfredo was arrested, right?
MS. KAWASS: Is there a phone call that records what you were going through on the day that Isom — and, well, now you know it's Isom — came to your house and was banging on the door?
MS. KAWASS: Was there a phone call that was recorded?
KATHERINE MAGBANUA: Well, I believe so now, yeah.
MS. KAWASS: Okay, and did you know it was the police at the door?
KATHERINE MAGBANUA: No, they did not say who they were.
MS. KAWASS: Okay. What did you hear?
KATHERINE MAGBANUA: Just a banging, a loud banging. And you can't even — I looked out the window and you can't even see them. Like they were all the way to the side.
MS. KAWASS: Was there a marked police car in your driveway?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Was there cars in front of your driveway?
MS. KAWASS: Anyone say, "It's the police, we need to speak to you about something important"?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You then find out that the FBI went and interviewed Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did this worry you in any way?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: And is that because Sigfredo isn't, you know, clean as a whistle?
KATHERINE MAGBANUA: Exactly. I didn't know what he was getting in trouble for.
MS. KAWASS: You weren't worried about him having anything to do with a homicide? You just worried, "Oh my God, is this something to do about, you know, the drugs or anything"?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So when he gets arrested on May 25th, 2016, okay, your phone is still being tapped, right? And the only thing that they release is that Sigfredo Garcia has been arrested for a murder that's occurred in Tallahassee?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So at this time, if you were involved in their monitoring your phone, we'd probably hear something on those calls, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. What were you doing at that time after he got arrested?
KATHERINE MAGBANUA: After he got arrested, yeah.
MS. KAWASS: With your apartment or your home?
KATHERINE MAGBANUA: Oh, well, I had to get out of that house.
MS. KAWASS: Explain to the jury why it is that you were leaving that house when you found out the FBI was investigating Sigfredo.
KATHERINE MAGBANUA: Well, he got — like, this is after he got arrested, correct? Well, after he got arrested, my brother told me, "You should just get yourself and move up here because we don't — we don't know what he was getting in trouble for." At that time, I don't know if I already was, you know — I looked up online what, you know, like, his arrest was for. But he just wanted me to be close with the kids over there, up north, in Tamarac.
MS. KAWASS: So up north? Even though you left a 305 area code, all you did was go move closer to your brother?
KATHERINE MAGBANUA: Yes, ma'am. I still had the apartment. I still had the apartment, but eventually I even had to talk to my landlord, "Can you give me some time so I can get all my stuff out and move out?" Because I wasn't going to be able to stay there.
MS. KAWASS: And at that time, what was it like in the media with Sigfredo being arrested amongst your community and circle of friends?
KATHERINE MAGBANUA: Well, everybody was kind of like blowing up my phone and I was, like, really distraught. I don't know why none of those phone calls are played.
KATHERINE MAGBANUA: But I mean, I was just — I didn't know what was going on. I tried to retain an attorney for him and I was just trying to figure everything out.
MS. KAWASS: Now, they plucked Sigfredo out of your life and put him in a jail, right? Since that day, have you ever been in a position to sit down and talk to Sigfredo about what happened?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Why is that?
KATHERINE MAGBANUA: He's been in jail the whole time.
MS. KAWASS: Okay. And every call or anything he makes, it's all monitored, and he would say to you, "Don't talk to me about this"?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So you've never ever had that chance, even though you wanted to —
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: — to answer the questions about what his involvement in this case is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. So then a week later, we find out Luis Rivera gets charged?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And is that when they release all the warrants in the media?
KATHERINE MAGBANUA: I, you know, honestly, I don't even remember, like, time-frame wise, I don't remember when. Once he got arrested and what they put out, I was just worried about Sigfredo.
MS. KAWASS: Now, isn't it true — so you retained an attorney for Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's Jim Lewis?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And Jim Lewis was telling you that the FBI — they want to talk to you?
KATHERINE MAGBANUA: Yes, ma'am, but he wouldn't tell me what about exactly. I kept asking. He's like, "You might need to retain an attorney yourself." I'm like, "Why would I need to retain an attorney?" And then he's like, "It's just best, they're trying to speak to you." And I was like, "Who's trying to speak to me?" And that's when I was just like, I have no idea what's going on, but I don't know what was released yet.
MS. KAWASS: Okay. So, but it was clear to you that somehow, I mean, they've shown up at your house — you find that out now —
KATHERINE MAGBANUA: Yes.
MS. KAWASS: — and that even after he was arrested, they wanted you to come and talk to them?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But they wouldn't tell you what they wanted to talk to you about?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And the person who had been arrested was the father of your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: During that summer, because that happens in June, had it been released in the media, a document calling for your arrest?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it was prepared by the Tallahassee Police Department, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it was how long?
KATHERINE MAGBANUA: Nineteen pages.
MS. KAWASS: All right, and it got released to the media.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did it basically outline your involvement in a homicide for Dan Markel?
KATHERINE MAGBANUA: Objectively, yes.
MS. KAWASS: Yes. Did it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And this was just out for anyone to click and read?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you seek out the assistance of an attorney at that time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was it clear to you that they considered you a suspect?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did they at any time after that try to get you to come in or talk to you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did they ever offer you a state subpoena like they did with Wendi Adelson to get you to come in?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. So you're just in the dark?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Then in August of 2016, did you find out that they were trying to get your medical records?
KATHERINE MAGBANUA: Yes, ma'am. You had to come up here and basically had a court date for that.
MS. KAWASS: And then that was turned over?
KATHERINE MAGBANUA: Yes, ma'am. We proved everything, we showed all, like, the payment, and still, I don't know, kept on.
MS. KAWASS: So then even after that, there was a 20/20 special that was released to the media, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Were you out at that time?
KATHERINE MAGBANUA: Yes, ma'am. Well, I believe it was Sigfredo's attorney that told me that there was going to be something on 20/20, and I was like, what do you mean, like a national news?
KATHERINE MAGBANUA: And he's like, yes, you know, just tune in.
KATHERINE MAGBANUA: I watched it, and I didn't even know that they were following me, because there was surveillance on that video where I was staying at and my brother's, and I just — I started freaking out, because, you know, with my children, my niece and nephew, like, I don't know if it was safe where we were, you know, even where we were staying at.
MS. KAWASS: Okay. And did that show basically lay you out as being a middle person in this homicide?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did anyone from 20/20 try to reach out to you to find out any information?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, at the end of that episode, the two hosts came on and they said, "We just received information that Luis Rivera is cooperating."
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You remember that, right? Then you and I talked after that. Okay. If you were involved, you would have probably freaked out if you heard that, right?
JUDGE WHEELER: Sustained.
MS. KAWASS: Now, that was in September of 2016, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: They released this thing in the media, your name is tarnished —
MS. KAWASS: — and when is the next time that something happens to you in regards to this case?
KATHERINE MAGBANUA: When I got arrested.
MS. KAWASS: All right. So let's talk about that day.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Where did you just come from?
KATHERINE MAGBANUA: I just dropped off my — well, I had a ballet recital for my daughter, and my son thankfully wanted to stay with my mom at that time. So I went with Kaylee to the ballet recital, and then she wanted to go to her cousin's house, which was Sigfredo's mother's house, because all her other cousins were there. So I dropped her off there.
MS. KAWASS: That's a day you remember very clearly?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you had actually sent a message to Tallahassee Police Department through your attorney that if you ever get a warrant, you'll voluntarily turn yourself in, just to let you know, and I'll come in. Okay. On October 1st, describe for the jury how it is that the police pulled you over and how many of them there were.
KATHERINE MAGBANUA: It was crazy because I was in a shopping plaza. Like, I had to get a couple of stuff for the kids. I just — I think — oh no, I already got the food and dropped it off at his mom's house. And then I came back out and I went to the plaza to get some stuff. And I thought I was leaving the plaza. Like, there was a little bit of congestion in one area, so I was just like, maybe something happened, or —
MS. KAWASS: What car were you driving?
KATHERINE MAGBANUA: I was driving the Lexus.
MS. KAWASS: Okay, continue.
KATHERINE MAGBANUA: So as I was leaving the plaza, they just, like, swarms of, like, guys just had all these guns pointed at me, telling me, "Stop the car, stop the car." So I put up my hands, because at that time there was a lot of shootings that was happening, like, so the officers would, like, just shoot if they thought that you were, you know, like, doing something. Yeah. So I put up my hands, and they're like, "Put it on park, put it on park." So I parked the car, and then I got out, and I was like — that's when I was so nervous that I really urinated on myself.
MS. KAWASS: Okay. And that's from just the way it — it's because of all these guns coming out, you thought you were going to get shot?
KATHERINE MAGBANUA: There was — I mean, they had, like, the big guns and they were all pointing it at me.
MS. KAWASS: A whole bunch of, like, SWAT team? Broward SWAT, right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Now there's two faces that you recognize that day though, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: You recognize them now. Who are they?
KATHERINE MAGBANUA: I retired Isom and Sanford.
MS. KAWASS: Okay. And they actually took your phone from you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The one that you — the same one they were monitoring, you've always had? They unlocked the phone for you and they allowed you to call me, right, to let me know that they were going to take it away.
KATHERINE MAGBANUA: All right. Now we had a conversation, right, and then a couple hours later I came up to see you in the jail, right? I — I don't — I think they already had me handcuffed, so I don't know if they were, like — it was unlocked. So then I think it was Isom, and like, he had me — I'm like, "Put it on speaker," and that's when I was talking to you, and then he walked away with my phone and I don't know what he was talking to you about.
MS. KAWASS: So he had your unlocked phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He could have gone through it if he wanted to, whatever he wanted to do with it. But he's had it since then?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Haven't seen your phone again at all? Okay. Did any of them say anything to you?
MS. KAWASS: Okay. Um, now when you go to the jail —
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: — myself, and that's the first time you ever met Mr. DeCoste, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did I have a warrant with me?
KATHERINE MAGBANUA: No, you didn't, actually. I was asking you why I was being arrested.
MS. KAWASS: Okay. And I wasn't able to tell you that, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And why wasn't I able to tell you that?
KATHERINE MAGBANUA: You didn't have a warrant and I wanted to know why I was getting arrested for.
MS. KAWASS: What information was I able to give you as to why all of a sudden they were able to arrest you at that time?
KATHERINE MAGBANUA: I don't recall. I just know that, like, the warrant that you were trying to get was, like, redacted.
MS. KAWASS: Well, it ended up being redacted, yeah. So we had no idea what had changed from exactly a 19-page probable cause affidavit to now give you probable cause?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Right. And when we were there, I explained to you that now would be the time if you know anything.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And I'd also explain to you that those detectives were there with the specific purpose of me talking to you about cooperating?
KATHERINE MAGBANUA: Yes, ma'am, we had that conversation.
MS. KAWASS: Yes, we did. And I didn't — had no idea what evidence that they had against you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Right. What did you tell me that day — that day when I said if you know anything at all, talk now?
KATHERINE MAGBANUA: I knew nothing.
JUDGE WHEELER: Overruled.
KATHERINE MAGBANUA: Okay. I knew nothing.
MS. KAWASS: All right. Were you under the belief that if you did have the information they sought, that I would be able to get you home?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: After that, were you then transported to Leon County?
KATHERINE MAGBANUA: I believe I stayed there for like 10 days. We were still trying to figure out, like, what was going on, what was the whole probable cause. And I think they transported me, like, probably on the 10th day. And it wasn't until October 4th when Luis Rivera cooperated that we found out what it was.
MS. KAWASS: Yes, ma'am. That he had said that he heard you on the phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And then that's why you got arrested now?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: We previously spoke about... Oh, wait.
MS. KAWASS: No, we previously spoke about a meeting that you had in the jail in 2019 with Jason Newland and Ms. Cappleman, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's not the only time that you've answered questions for them, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Ms. Cappleman had the opportunity to question you all she wanted under oath, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And the jury was able to get snippets of that testimony during the course of their case in chief?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How long had you been questioned?
KATHERINE MAGBANUA: More than a few hours. Why I was so surprised that I had to do this all over again, because I did a four-hour testimony that day.
MS. KAWASS: Okay. And you explained to them and whoever was listening everything you knew about Dan Markel?
KATHERINE MAGBANUA: Everything. She was free to ask me anything she wanted.
MS. KAWASS: Everything you knew about Charles Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Everything you knew about Sigfredo Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've heard also that the state said they wanted you to cooperate.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, now you tried?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Why do you think that this — that it didn't turn into anything else? It's not the answer they wanted, okay? What do you think that it is that they want from you? What do you think they want from you in terms of cooperation?
KATHERINE MAGBANUA: Well, they wanted Charlie, and after that —
JUDGE WHEELER: Sustained.
MS. KAWASS: Okay, that's another question. Okay. Did you know that they wanted to arrest Charles Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Charles Adelson has been free up until a month ago?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Back in 2019, when I asked you, "Do you think he's guilty?"
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What did you say after seeing everything?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: To this day, do you think he's guilty?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you believe that he should be prosecuted for his involvement in the murder of Dan Markel?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you think he should come forward and let the jury know that you had nothing to do with this?
KATHERINE MAGBANUA: Yes, ma'am. That's why I just don't understand why I'm still doing this right now when he just got arrested a month ago. And I said on the last trial, well, after seeing all of this, you should arrest him. And still nothing until, I guess, I don't know, it's the Dolce Vita video, which I already testified to and I already said exactly what was happening to my recollection of that day, and it took them three years to enhance a video that I testified for three years ago.
MS. KAWASS: So in your mind, nothing has changed?
KATHERINE MAGBANUA: Nothing has changed. I actually told them what happened from what I recollected on my last testimony three years ago, and it turns out that that's consistent with the Dolce Vita video, yes, ma'am.
MS. KAWASS: Your Honor, can I have a moment, please?
JUDGE WHEELER: Yes.
MS. KAWASS: Thank you. Okay.
KATHERINE MAGBANUA: No further questions. Thank you, Judge.
JUDGE WHEELER: We'll take a short break before cross-examination. We're just going to take a 10-minute break, and we will start back at quarter to three, so the deputy will take you back, and then we'll be back out promptly, okay, so that we can stay on schedule for today.
JUDGE WHEELER: All right, jury's out of the courtroom. The door is closed. We're going to take a short 10-minute break. Ms. Dugan, are you doing the cross-examination?
MS. DUGAN: Yes, sir.
JUDGE WHEELER: Okay, all right. So keep in — be mindful of the time that we're dealing with. I don't think we should have any issues. We'll start back at quarter to three and then we'll continue with it. Okay. Ms. Magbanua, if you need to stretch your legs or get some water over there, I'll leave it up to the deputy to take care of that. Okay, thank you. All right, we'll be in recess for 10 minutes.
JUDGE WHEELER: We're ready to go.
MS. DUGAN: Sorry, before we get started, I showed the defense several messages from discovery that I intend to show Ms. Magbanua. I'd like to label them as a composite exhibit. I'd like to label it State's Exhibit 136.
JUDGE WHEELER: All right. So the defense has had an opportunity to take a look?
MS. KAWASS: Yes, Your Honor.
JUDGE WHEELER: Okay. So it's a composite exhibit, State's Exhibit 136?
MS. DUGAN: Yes, sir.
JUDGE WHEELER: And so just ask at the appropriate time. I'll ask if there's any objection at that time.
JUDGE WHEELER: Okay. Let's bring the jury in, please.
JUDGE WHEELER: Please be seated.